Legal Opinion

People ex rel. Ulster & Delaware Railroad v. Public Service Commission

Appellate Division of the Supreme Court of the State of New York

Decided January 18, 1916PublishedCited by 15 opinions

Certiorari issued out of the Supreme Court and attested on the 31st day of July, 1915, directed to the Public Service Commission of the State of New York, Second District, commanding the Commissioners to certify and return to the office of the clerk of the county of Albany all and singular their proceedings had in denying the application of the relator for leave to issue mileage books at a greater rate than two cents a mile.

1Opinion of the Court

Cochrane, J.:

The relator, the Ulster and Delaware Eailroad Company, petitioned the Public Service Commission of the Second District for authority to increase its mileage book rates in excess of two cents per mile as fixed by section 60 of the Eailroad Law. The Commission after investigation determined that the facts justified such increase, but denied the application because of a want of statutory power in the Commission to make the necessary order. (See Matter of Ulster & Delaware R. R. Co., 4 State Dept. Rep. Off. 210.) The question for determination is whether the Public Service…

2Cited by15 opinions

  1. Gilchrist v. Interborough Rapid Transit Co.Supreme Court of the United States · 1929
  2. Matter of Quinby v. . Public Service Comm.New York Court of Appeals · 1918
  3. People Ex Rel. City of New York v. . NixonNew York Court of Appeals · 1920
  4. International Railway Co. v. Public Service CommissionNew York Court of Appeals · 1919
  5. State ex rel. Tacoma Railway & Power Co. v. Public Service CommissionWashington Supreme Court · 1918

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